Here’s what to do after a Utah car accident to protect your health and your right to injury compensation.
More than 50 people a day are injured or killed in Utah motor vehicle accidents.¹
If you or a loved one were injured in a Utah car accident, you could be eligible for compensation. Read about what to do after a crash, how to determine fault, and how to get fair compensation for your injuries.
What to Do After a Utah Car Accident
Here are five steps to protect yourself after an accident and build a strong injury claim.
1. Stay At the Scene and Exchange Information
Utah car accident law states that any driver involved in a crash resulting in an injury or death must immediately stop and remain at the scene. Drivers must give their name, address, and the registration number of the vehicle they are driving to the other driver and any police officer investigating the crash. The driver must also show their driver’s license if requested.
2. Call 911 and Help the Injured
Drivers at the scene of an accident must notify police by the quickest method possible and give reasonable assistance to anyone injured, including arranging to transfer the injured person for medical treatment. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.
If you are able, try to help the injured until emergency responders arrive.
3. Seek Prompt Medical Treatment
The sudden, violent impact of a traffic accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. You may be stunned by the crash and not even realize you’ve been injured.
If you have children in the vehicle, your first concern will be their welfare. However, you must take care of yourself as well. Don’t just say you’re “fine” and wave off the medics. Never refuse medical attention at the scene. If the paramedics want to transport you to the hospital, go with them.
Refusing or delaying medical treatment after an accident is not only dangerous, it gives the at-fault driver’s insurance company an excuse to challenge or deny your injury claim.
If you’re not transported to the hospital from the scene, go to an urgent care center or see your primary care doctor on the day of the accident. Tell the medical provider exactly when and how you were injured. Be sure to discuss every symptom and injury, not just the most obvious ones.
4. Gather Evidence From the Scene
When you make an insurance claim with the at-fault driver’s insurance company, you must prove the other driver made a mistake or failed to drive appropriately. The police crash report is important evidence of fault when the other driver is cited for traffic violations.
Other types of evidence to gather include:
- Photographs and video of the scene, vehicles involved, and road conditions
- Contact information from potential witnesses
- Your personal notes about how the crash occurred and the aftermath
5. Notify Both Insurance Companies
Utah is a traditional fault state, so you’re not required to use your own insurance to pay for your injuries. However, you’re still obligated to notify your insurance company after a motor vehicle accident, even if the accident wasn’t your fault.
Your auto insurance policy is a binding contract between you and the insurer. Every auto policy has a notification clause requiring the policyholder (you) to notify the insurance company of any accidents.
Your insurer has a “duty to defend” you against claims or lawsuits filed by anyone else who may have been injured in the accident. You could lose that protection by failing to notify your insurer and not cooperating with their investigation into the accident.
Notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually respond by assigning a claim number. You may be contacted by an adjuster with a quick settlement offer. It’s not in your best interest to discuss a settlement while still in treatment for your injuries. Just tell the adjuster you’ll let them know when you’re ready.
Utah Fault and Liability Rules
Utah is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.
You can still use your own insurance if you have applicable coverage, but you are not required to rely on your insurance after a car accident. For example, if you have collision coverage, you may decide to have your own insurance company handle your vehicle repair claim. In turn, your insurer will pursue reimbursement from the at-fault driver’s insurance company.
Utah Shared Fault Rules
Utah follows a modified comparative fault rule. Also called a 50 percent rule, you can pursue a claim against the other driver so long you are not equally or more at fault. When you have less than 50 percent of the fault you can still file a claim, but your compensation will be reduced by your percentage of blame for the accident.
Example of 50% Modified Comparative Fault
Oliver was driving on Interstate 15, heading to Salt Lake City. Amelia was traveling behind him, driving to meet some friends for dinner.
Suddenly, a wooden cabinet bounced off the back of a pickup truck, landing in Oliver’s lane of travel. There was no opportunity for him to change lanes in the heavy traffic, so he slammed on his brakes to avoid hitting the debris.
Amanda was chatting on her cell phone with one of her friends about their dinner plans. She was laughing and talking, and didn’t immediately notice the car in front of her had nearly stopped. She began to brake, but it was too late, and she plowed into the back of Oliver’s vehicle.
Oliver suffered a whiplash neck injury that kept him out of work for several weeks. He filed a $10,000 injury claim with Amelia’s insurance company for his medical bills, lost income, and pain and suffering.
Amelia’s insurance company refused to pay the full value of Oliver’s claim, because his brake lights weren’t working on the day of the accident. The adjuster argued that Amelia might have been able to stop if she had seen his brake lights come on. Oliver argued that Amelia was distracted by a cell phone conversation when the accident occurred.
After a few rounds of negotiations, Oliver accepted 30 percent of the liability for the crash. His claim settled for $7,000.
Utah Car Accident Compensation
Insurance companies in Utah payout more than $1.4 Billion in auto accident claims each year.
Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault party.
You can estimate the value of a minor to moderate injury claim by totaling your economic damages, like medical bills, lost wages, and related out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering. A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for more extensive injuries.
Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.
Average Car Accident Settlements in Utah
The average injury settlement for a moderate car accident claim in Utah is $33,308, with average payouts ranging from $6,772 to $403,000. Settlements and court awards can range from $1,800 for minor injuries up to $2,000,000 or more for catastrophic injuries.
Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.
For example, look at these two rear-end accident cases with low and high payouts:
- In Utah County, Cheryl v. Barry, 400097, a jury awarded $1,852 to the victim for neck injuries. The at-fault driver admitted rear-ending the victim at a low speed but denied causing the victim’s injuries.
- In Salt Lake, Ashley v. Parish, 960700063, a jury awarded $325,000. The victim claimed neck injuries and permanent tremors of the hands and head. The at-fault driver admitted rear-ending the victims at 45 mph but argued that the plaintiff was exaggerating his injuries.
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Factors that impact car accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multiple-vehicle collisions
- Multiple injured victims
- Fatalities
- Available insurance coverage
When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Available insurance coverage may be available from the at-fault driver, and from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.
Utah State Minimum Insurance Requirements
Utah drivers are required by law to carry an auto insurance policy with a minimum bodily injury liability limits of $25,000 per person and $65,000 per accident, and $25,000 for property damage.
Optional Insurance Coverage in Utah
Insurance companies selling auto policies in Utah are required to offer optional uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits. The policyholder has the right to decline the optional coverage.
If you choose to purchase UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.
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